THE RE-ORIENTATION OF USE OPTION RIGHT IN THE FINANCIAL LEASE CONTRACT FOR SMALL AND MEDIUM ENTERPRISES DEVELOPMENT IN INDONESIA

Lease for the procurement of capital goods can be an alternative financing for small and medium enterprises in Indonesia, because the process is simple and there is no obligation to submit a guarantee. On the other hand, it turns out there is a wide discrepancy leasing with the principles of the agreement law as well as the principle of lease. One of them is about the right of option. There are two types of lease i.e. lease with the right options (finance lease) and lease without the right option (operational lease). One of the lessee rights in finance lease is the right option at the end of the contract. In practice it turns out that most of the right of option is used in this contract. This is due to the law of the legal relationship which arises. Especially regarding the transfer of ownership from the lessor to the lessee. Therefore this research very urgent was done. This research aims to uncover and analyze the use of option right on a financial lease contract, legal consequences of the use of option rights on lease contract. The progressive law, fiduciary, transfer of ownership and the other relevant theory have been applied for this study. Further, the methods of which combines quantitative and qualitative research, in this case the legal pluralism and integrated with normative, sociology, and philosophy approaches have been invoked in this study. The result indicates that positive prospects are found soundly. But of course need a strong committment among the stakeholders in charge of A (academician), B (business), G (government), and C (community).